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(영문) 서울중앙지방법원 2016.01.19 2015고단7400
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2015, the Defendant driven a rocketing taxi for C business use at around 23:30, the Defendant: (a) driven the front-way road in Dongjak-gu Seoul Metropolitan Government D along the direction, etc. from the intersection to the intersection; (b) tried to change the vehicle to the two-lane, without turning the direction, etc., while driving the front-way vehicle from the intersection to the intersection; (c) followed the Defendant’s vehicle near the Defendant’s vehicle at the two-lane; and (d) tried to hear the desire from the damaged person, by making it obvious that it conflicts with the Defendant’s vehicle at the victim F.(38 Dose) who driven the said Gststren car; (b) changed from the one-lane to the two-lane line to the front of the damaged vehicle; and (d) attached the damaged vehicle to the front part of the damaged vehicle to the right part of the road.

As a result, the Defendant carried dangerous articles with the victim, thereby inflicting bodily injury on the victim, such as salt, tensions, and so on. At the same time, the Defendant damaged the damaged vehicles so that the 1,459,607 won of repair costs, such as wheelchairs sembl- Aluminum, etc., can be seen as requiring medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A written diagnosis and written estimate;

1. Application of the Act and subordinate statutes to video and damaged vehicle CDs by cutting a black boom and cutting down the damaged vehicle booms;

1. Articles 258-2 (1), 257 (1) (a point of special injury) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant injured the victim and damaged the damaged vehicle due to retaliation driving, and the quality of the crime is very poor considering the risk of the attitude of the act.

Nevertheless, the defendant is not consistent with the reasoning that it is difficult for the defendant to accept, and is not contradictory.

In addition, there was no agreement with the victim.

Considering these circumstances, it is necessary to strictly punish the accused.

However, the victim is also the accident of this case.

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